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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. On April 18, 2013, the Plaintiff: (a) leased each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 30,000,000; (b) the lease term from May 15, 2013 to May 14, 2015; and (c) the fact that the Defendant occupied the instant real estate does not conflict between the parties.
According to the above facts, the lease contract of this case is terminated upon the expiration of the period as of May 14, 2015. Thus, barring any special circumstance, the defendant is obligated to deliver the real estate of this case to the plaintiff.
2. Judgment on the defendant's defense
A. The summary of Defendant’s defense 1) The instant lease agreement was renewed on February 26, 2015, including the Defendant’s expression of intent to renew the lease agreement, according to the content certification. 2) Even if the instant lease agreement is not renewed and terminated due to the expiration of the lease term, the Plaintiff’s obligation to return the lease deposit and the Defendant’s obligation to return the leased object are concurrently performed. Therefore, the Defendant is obliged to deliver the instant real estate to the Plaintiff at the same time upon receiving KRW 30,000,000 from the Plaintiff.
B. According to each of the evidence No. 6, No. 2, and No. 17, the recognition of the instant lease contract renewal 1), the Plaintiff changed the use or structure of the instant real estate without permission on February 13, 2015, and the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).
Article 10(1)2 of the Act provides that a lessor shall be notified of the termination of the instant lease contract on the grounds that the lessor may refuse the renewal of the contract pursuant to Article 10(1)2, and the Defendant sent a certificate of content containing the purport of refusing the renewal of the instant lease contract, and the Defendant on February 26, 2015 “the Plaintiff on February 26, 2015.”